vitiation: duress and undue influence

• What was the case Barton v Armstrong about?

  Coercion in a share purchase agreement
• What did Barton allege against Armstrong?

  He was coerced by threats of murder
• What was the court's ruling in Barton v Armstrong regarding duress?

  Duress played a part in Barton's decision
• What must duress amount to in an actionable claim?

  Illegal conduct
• What did Lord Wilberforce state about pressure in duress cases?

  Pressure must be illegitimate to negate consent
• What is sufficient causation in duress according to Barton?

  Duress must be 'a' reason for entering contract
• What was the nominal value of the Notes issued by Ukraine?

  USD 3bn
• What did Ukraine argue regarding the Notes and duress?

  They faced unlawful threats from Russia
• What did the Supreme Court rule about Ukraine's defense based on duress?

  Allowed defense based on duress of person or goods
• What is the historical recognition of duress at common law?

  Only duress directed at a person was recognized
• What was held in Skeate v Beale regarding contracts?

  Contract valid despite unlawful detention of goods
• What does 'volenti non fit injuria' mean?

  To a willing person, it is not a wrong
• What did Kerr J state about economic duress?

  Mere commercial pressure is insufficient for duress
• What was the outcome of the case involving the Universal Sentinel?

  Payment was recoverable due to economic duress
• What was the relationship between PIAC and Times Travel?

  Times Travel acted as ticketing agent for PIAC
• What did the Supreme Court rule in PIAC v Times Travel regarding economic duress?

  Contract could not be avoided due to duress
• What two ways satisfy the requirement of illegitimate threat in economic duress?

  Threat of unlawful act or illegitimate lawful act
• What factors did Lord Scarman establish for acceptable commercial pressure?

  Protest, alternatives, independent advice, avoidance
• What is a threat of an unlawful act in economic duress?

  Threat to breach a contract
• What was the outcome in CTN and Carry Ltd v Gallagher Ltd regarding duress?

  No duress found due to lawful threat
• What were the key elements in the CTN case that led to no duress being found?

  Arm's length dealings, lawful threat, bona fide belief
• What was the case Progress Bulk Carriers Ltd v Tube City IMS LLC about?

  Chartering a vessel and contractual obligations
• What did Progress Bulk Carriers seek in their case?

  To recover rights regarding a substitute vessel
• What was the court's ruling in Progress Bulk Carriers regarding the contract?


  Details of the ruling were not provided
• What happened to the cigarettes before they could be moved?

  They were stolen
• Why did D invoice C for the price of the cigarettes?

  D believed the cigarettes were at C's risk
• What could D lawfully do under the terms of the agreement?

  Withdraw credit facilities at any time
• What choice did C face regarding the payment for the cigarettes?

  C opted to pay the price
• On what basis did C reclaim the money paid?

  Payment was made under duress
• What was the key element in the held decision regarding duress?

  No duress was found on the facts
• What were the three key elements that led to the decision of no duress?

  Commercial dealings, lawful threat, bona fide belief
• What was the case name involving Progress and Tube City?

  Progress Bulk Carriers Ltd v Tube City IMS LLC
• What did Progress do without informing Tube?

  Fixed the vessel to another charterer
• What did Tube seek to reserve after accepting a substitute vessel?

  Rights in respect of all claims for damage
• What type of offer did Progress make to Tube?

  A "take it or leave it" offer
• What does 'lawful act' duress recognize?

  Legitimate basis for finding economic duress
• What constitutes 'illegitimate pressure' according to the authorities?

  Conduct not in itself unlawful
• What must C show regarding improper pressure in economic duress?

  It must be decisive or clinching
• What is the applicable test for economic duress?

  The 'but for' test
• What is an additional requirement for economic duress?

  C had no reasonable alternative but to agree